Employment Judge PorterIn person for claimantDate 29 September 2017
JUDGMENT
[1]The application by the respondent for an adjournment of the hearing is refused.[2]The Response is struck out on the grounds that the respondent has failed to comply with the Orders of the Tribunal.[3]The claimant was a worker within the meaning of s230 Employment Rights Act 1996.[4]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay to the claimant the gross sum of £424.92.[5]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay to the claimant the gross sum of £1,232.35.[6]The respondent failed to provide the claimant with a statement of his terms and conditions of employment and is ordered to pay to the claimant 4 weeks wages in the sum of £1,699.76.[7]The claimant has paid fees in connection with this claim. In R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 the Supreme Court decided that it was unlawful for Her Majesty's Courts and Tribunals Service (HMCTS) to charge fees of this nature. HMCTS has undertaken to repay such fees. In these circumstances the tribunal shall draw to the attention of HMCTS that this is a case in which fees have been paid and are therefore to be refunded to the claimant. The details of the repayment scheme are a matter for HMCTS. Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.